The purpose of this article is to establish procedures for the
use and maintenance of existing and new holding tanks designed to
receive and retain sewage whether from residential or commercial uses.
It is hereby declared that the enactment of this article is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this municipality.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
AGENCY
The Township Council of Bristol Township, Bucks County, Pennsylvania.
HOLDING TANK
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water carrying system
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site.
IMPROVED PROPERTY
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
MUNICIPALITY
The Township of Bristol, County of Bucks, Pennsylvania.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
SEWAGE
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, or to animal or aquatic life or to the use of
water for domestic water supply or for recreation or any substance
which constitutes pollution under the Clean Stream Law (35 PS §
691.1691.1001).
The agency is hereby authorized and empowered to undertake within
the Township the control and methods of holding tank use, sewage disposal
and sewage collection and transportation thereof.
The agency is hereby authorized and empowered to adopt such
rules and regulations concerning sewage which it may deem necessary
from time to time to effect the purposes herein.
All such rules and regulations adopted by the agency shall be
in conformity with the provisions herein, all other ordinances of
the Township, and all applicable laws, and applicable rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
The agency shall have the right and power to fix, alter, charge
and collect rates, assessments, and other charges in the area served
by its facilities at reasonable and uniform rates as authorized by
applicable law.
The owner of an improved property that utilizes a holding tank
shall:
A. Maintain
the holding tank in conformance with this or any ordinance of the
Township, the provisions of any applicable law, and the rules and
regulations of the agency and any administrative agency of the Commonwealth
of Pennsylvania.
B. Permit
only the agency or its agent to inspect holding tanks on an annual
basis.
C. Permit
only the agency or its agent to collect, transport, and dispose of
the contents therein.
Any person who violates any provisions of §
160-38, shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $500 and not more than $5,000, and in default of said fine and costs undergo imprisonment for a period not in excess of 90 days.
In addition to any other remedies provided in this article, any violation of §
160-38 above shall constitute a nuisance and shall be abated by the municipality or the agency by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.